815 ILCS 540/ Illinois Fertility Fraud Act.

(815 ILCS 540/1)

Sec. 1. Short title. This Act may be cited as the Illinois Fertility Fraud Act.

(Source: P.A. 103-478, eff. 1-1-24.)

(815 ILCS 540/5)

Sec. 5. Legislative intent. The General Assembly finds that fertility fraud, or the assisted reproductive treatment of a patient using the health care provider's own human reproductive material without the patient's informed written consent, has caused significant harm and had a severe negative impact on residents of this State including former patients and their children. This conduct has never constituted or complied with the medical standard of care and violates doctor-patient trust. Often discovering the fraud through DNA testing many years later, these individuals must now cope with knowing that their bodies and autonomy were violated, grapple with the sexual nature of the conduct, and negotiate identity issues and changing family relationships. Therefore, it is the intent of the General Assembly that any civil action authorized by this Act shall be retroactive and apply to any treatment by a health care provider occurring prior to the effective date of this Act.

(Source: P.A. 103-478, eff. 1-1-24.)

(815 ILCS 540/10)

Sec. 10. Definitions. As used in this Act:

"Assisted reproductive treatment" means treatment pursuant to assisted reproduction, as defined in the Reproductive Health Act, as a method of achieving a pregnancy through the handling of human oocytes, sperm, zygotes, or embryos for the purpose of establishing a pregnancy. "Assisted reproduction" includes, but is not limited to, methods of artificial insemination, in vitro fertilization, embryo transfer, zygote transfer, embryo biopsy, preimplantation genetic diagnosis, embryo cryopreservation, oocyte, gamete, zygote, and embryo donation, and gestational surrogacy.

"Embryologist" means a laboratory employee who meets any Clinical Laboratory Improvement Amendments (CLIA) program requirements for laboratory personnel that are required by 42 CFR Part 493 or the Illinois Clinical Laboratories Code, and who performs embryology procedures.

"Embryology procedures" include:

(1) culture media preparation and laboratory quality control;

(2) oocyte isolation and identification;

(3) oocyte maturity and health status assessment;

(4) oocyte insemination;

(5) evaluation of fertilization;

(6) zygote quality assessment;

(7) embryo culture and grading;

(8) embryo transfer;

(9) gamete or embryo cryopreservation; and

(10) micromanipulation of gametes or embryos, including intracytoplasmic sperm injection, assisted hatching, and embryo biopsy.

"Health care" means any phase of patient care, including, but not limited to: testing; diagnosis; prognosis; ancillary research; instructions; assisted reproduction; family planning, counseling, referrals, or any other advice in connection with conception; surgery or other care or treatment rendered by a physician, nurse, paraprofessional, or health care facility, intended for the physical, emotional, and mental well-being of persons.

"Health care provider" means a physician, physician assistant, advanced practice registered nurse, registered nurse, licensed practical nurse, any individual licensed under the laws of this State to provide health care, or any individual who handles human reproductive material in a health care setting.

"Human reproductive material" means:

(1) a human spermatozoon or ovum; or

(2) a human organism at any stage of development from fertilized ovum to embryo.

"In vitro fertilization" means all medical and laboratory procedures that are necessary to effectuate the extracorporeal fertilization of egg and sperm.

"Intended parent" means a person who enters into an assisted reproductive technology arrangement, including a gestational surrogacy arrangement, under which he or she will be the legal parent of the resulting child.

"Laboratory" means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings. These examinations include procedures to determine, measure, or otherwise describe the presence or absence of various substances or organisms in the body. "Laboratory" does not include facilities only collecting or preparing specimens, or both, or only serving as a mailing service and not performing testing.

"Physician" means a person licensed to practice medicine in all its branches in this State.

(Source: P.A. 103-478, eff. 1-1-24.)

(815 ILCS 540/15)

Sec. 15. Fertility fraud. The following individuals may bring an action against any health care provider, embryologist, or any other person involved in any stage of the treatment who knowingly or intentionally used the health care provider's, embryologist's, or person's own human reproductive material without the patient's informed written consent to treatment using the health care provider's, embryologist's, or person's human reproductive material:

(1) a patient who gives birth to a child after receiving assisted reproductive treatment or any other artificial means used to cause pregnancy;

(2) the intended parent of the child born as a result of the assisted reproductive treatment;

(3) the surviving spouse of a patient under paragraph (1); or

(4) a child born as a result of the treatment.

(Source: P.A. 103-478, eff. 1-1-24.)

(815 ILCS 540/20)

Sec. 20. Donor fertility fraud. A donor of human reproductive material may bring an action against any health care provider, embryologist, or any other person involved in any stage of the treatment who:

(1) treats a patient for infertility by using human reproductive material donated by the donor; and

(2) knows that the human reproductive material was used:

(A) without the donor's consent; or

(B) in a manner or to an extent other than that to which the donor consented.

(Source: P.A. 103-478, eff. 1-1-24.)

(815 ILCS 540/25)

Sec. 25. Rewards. A plaintiff who prevails in an action under this Act is entitled to reasonable attorney's fees and:

(1) compensatory and punitive damages; or

(2) liquidated damages of $50,000.

A plaintiff who prevails in an action brought under Section 15 is also entitled to the costs of the fertility treatment.

(Source: P.A. 103-478, eff. 1-1-24.)

(815 ILCS 540/30)

Sec. 30. Protective order for access to personal medical records and health history. Any child born as a result of the fertility fraud referred to in Section 15 is entitled to a qualified protective order allowing the child access to the personal medical records and health history of the health care provider, embryologist, or other person who committed the fraud.

(Source: P.A. 103-478, eff. 1-1-24.)

(815 ILCS 540/35)

Sec. 35. Causes of action.

(a) A person who brings an action under Section 15 has a separate cause of action for each child born as the result of the fraudulent assisted reproductive treatment.

(b) A donor or donor's estate that brings an action under Section 20 has a separate cause of action for each individual who received assisted reproductive treatment with the donor's human reproductive material.

(Source: P.A. 103-478, eff. 1-1-24.)

(815 ILCS 540/40)

Sec. 40. Other remedies. Nothing in this Act may be construed to prohibit a person from pursuing any other remedy provided by law.

(Source: P.A. 103-478, eff. 1-1-24.)

(815 ILCS 540/45)

Sec. 45. (Amendatory provisions; text omitted).

(Source: P.A. 103-478, eff. 1-1-24; text omitted.)

(815 ILCS 540/50)

Sec. 50. (Amendatory provisions; text omitted).

(Source: P.A. 103-478, eff. 1-1-24; text omitted.)